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While a great deal of attention has focused on the “Mayflower Compact” as a foundational text in American government, historians have paid much less attention to the many pirate compacts.[1] In the first half of the 18th Century, there were an estimated 2,500 pirates at work in the Atlantic and Caribbean at any given time. Most were single men in their twenties who had “run” from a conventional merchant ship or the Royal Navy.[2] At the beginning of any voyage, the pirates drew up agreed terms of service. These defined who had what authority, how the profits of a voyage would be divided, and how discipline would be enforced. As piracy became more dangerous and less profitable as the 18th Century wore on, it seems likely that many men drifted back into the conventional merchant marine. The seaports of British North America—Boston, New York, Philadelphia, and Charleston—were filled with sailors who resented hierarchy and hated the “press gangs” of the Royal Navy. Did the experience of some of these men with drafting agreements for an egalitarian management of a “wooden world”[3] filter into the rhetoric of shore-bound pamphleteers and tavern table-pounders?

People trying to escape oppression are easy to understand. It’s a little more difficult to comprehend those who find themselves hunted by liberty. Nevertheless, such people do exist. His beliefs made Zephaniah Kingsley, Sr. an outcast in his adopted land, America.[4] A merchant who had migrated from England to Charleston, South Carolina, Kingsley was both a Quaker and a Tory. When the American Revolution ended in British defeat, Kingsley and his family rebuilt their lives in Canada. Eventually, his son, Zephaniah Kingsley, Jr. (1765-1843) took command of the family merchant ship trading to the Caribbean. In 1802 the experienced merchant captain embarked on the slave trade. This turned out to be a very dodgy decision. In addition to the perils of disease to be encountered on the African coast, Europe was at war. French or Spanish navy ships or privateers savaged the British merchant navy. Slaves were a precious cargo, for they might be sold as readily in Haiti or Cuba as in Jamaica. Once the Napoleonic Wars had ended, British reformers began to press for an end to the slave trade. Kingsley took refuge in Spanish Florida, where both slavery and the slave trade remained legal.

Along the way, Kingsley bought an attractive Senegalese slave named Anna Jai, freed her, and made her his common-law wife. Kingsley recognized her intelligence and ability, so she became his business partner as well as life partner. They added plantations to their other trade and prospered.

However, in 1821 Spain transferred Florida to the United States. As a Tory refugee turned Spanish Catholic, Kingsley didn’t like his prospects. American laws would not recognize his children’s rights of inheritance. Moreover, Kingsley, while a slave trader and slave owner, was not a racist. He criticized segregation laws for imposing “degradation on account of complexion.” In the 1830s he founded a colony in Haiti, the only free black country in the Americas and a source of terror to American slave-owners. He sent manumitted slaves to start the colony and employed indentured free workers.

Like many another thing in Haitian history, Kingsley’s colony came to a bad end. He died before it had taken root. His son died at sea. The Civil War ended slavery.

[1] Marcus Rediker, Outlaws of the Atlantic: Slaves, Pirates, and Motley Crews in the Age of Sail (2014).

[2] See B.R. Burg, Sodomy and the Perception of Evil in the 17th Century Caribbean (1983).

[3] I stole the phrase from N.A.M. Rodger, The Wooden World: An Anatomy of the Georgian Navy (1986).